标准科学Issue(5)：30-38,9.DOI:10.3969/j.issn.1674-5698.2024.05.005
技术标准的法治逻辑与实现路径
The Legal Logic and Realization of Technical Standards
摘要
Abstract
At the formal level,the formulation and procedural norms provide technical standards with the formal value;at the substantive level,reference as a legislative technique guarantees the substantive validity of technical standards.Taking both of the two levels into consideration,the legal attributes of technical standards should be defined as a category of technical legal norm,which follows a specific set of rule of law logic and promote the legal realization of technical standards through a series of legal activities concluding legislation,law enforcement and the judiciary.In the field of legislation,the reference of technical standards in existing laws provides a practical basis for its entry into the law,requires further improvement of the reference system and the organic interface between technical standards and legislation.In the field of law enforcement,technical standards play an important role in the current law enforcement activities,and the comprehensive construction of the government bound by law requires technical standards to promote the development of administrative law enforcement in the direction of refinement.In the judicial field,technical standards are often referred to and reviewed as a basis for adjudication,requiring further standardization of reference and optimization of review activities.关键词
法治逻辑/法律属性/技术标准/技术性法律规范Key words
logic of governance/legal attributes/technical standards/technical legal norms引用本文复制引用
孙诗丹..技术标准的法治逻辑与实现路径[J].标准科学,2024,(5):30-38,9.基金项目
本文受中南财经政法大学中央高校基本科研业务费专项资金"宪法说理的展开逻辑及功能整合"(项目编号:202410607)资助. （项目编号:202410607）
